Atlanta, GA asked in Criminal Law for Georgia

Q: I if burglarized stores no intended for dewling or no one stay there can I be charged with first degree burglary

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2 Lawyer Answers
Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: They can CHARGE you with tons of stuff.... What they can prove beyond a reasonable doubt is another issue entirely.

Sorry for the smug answer, however the State has broad discretion in bringing charges (grand juries indict everything) and they almost always overcharge.

You will need motions and arguments if you are over charged, get a lawyer.

Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Georgia's burglary statute is very broad and does not limit its application to buildings of any particular type or in any particular condition. The burglary statute protects the dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. For both burglary in the first degree and burglary in the second degree, the property is protected regardless of whether it is occupied, unoccupied, or vacant.

I hope this helps.

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